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GABRIEL Byrne has still not said yes to a second season of “In Treatment,” but a new head writer has been lined up anyway.

Warren Leight, a playwright who won a Tony Award for “Side Man” (starring Edie Falco) in 1999, has been hired to write the second season, reporting to executive producer/show-runner Rodrigo Garcia, HBO confirmed yesterday.

The hiring of Leight, who has been executive producer of “Law & Order: Criminal Intent,” is a sign that pre-production (i.e. writing) of “In Treatment” is already underway, with HBO hopeful that the show, about a psychotherapist and his patients, will return.

But it won’t return if an agreement cannot be made with Byrne to undertake the grueling role of therapist Paul Weston, who is in every one of the show’s 43 episodes. Sources say it’s doubtful the show would be made with a new therapist since Byrne made such a splash in the role last season.